Drunk Driving Charges

Minnesota Drunk Driving Attorneys & Lawyers

Drunk driving is defined as the operation of a vehicle while under the influence of alcohol or drugs to the degree that mental and motor skills are impaired. Minnesota DWI statutes also apply to motorized machines, such as an airplane, boat, snowmobile or ATV.

Under Minnesota law, there are four types of DWI:

  • First Degree (Felony) DWI;

  • Second Degree (Gross Misdemeanor) DWI;

  • Third Degree (Misdemeanor DWI); and

  • Fourth Degree (Misdemeanor) DWI

Call us today at 763.323.6555 or contact us by e-mail to schedule a free consultation. Protect your rights if you've been charged with drunk driving.

Aggravating Factors

The nature of a DWI charge depends upon whether one or more "aggravating factors" are present at the time of the offense. Under Minnesota's DWI laws, an aggravating factor is defined as:

  • A qualified prior impaired driving incident within the ten years immediately preceding the current offense;

  • Having an alcohol concentration of 0.20 or more as measured at the time, or within two hours of the time, of the offense; or

  • Having a child under the age of 16 in the motor vehicle at the time of the offense if the child is more than 36 months younger than the offender.

First Degree DWI

First degree DWI results if a driver commits a DWI violation within ten years of the first three or more drunk driving incidents, or has been previously convicted of first degree DWI in Minnesota.

Second Degree DWI

A drunk driver is guilty of second degree driving while impaired if two or more aggravating factors were present when the violation was committed.

Third Degree DWI

Third-degree DWI involves driving while impaired if one aggravating factor was present when the violation was committed.

Fourth Degree DWI

Minnesota law provides that it is a crime for any person to drive, operate, or be in physical control of any motor vehicle within this state, or on any boundary water in Minnesota:

  • When the driver is under the influence of alcohol;

  • When the driver is under the influence of a controlled substance;

  • When the driver is knowingly under the influence of a hazardous substance that affects the nervous system, brain, or muscles of the person so as to substantially impair the person's ability to drive or operate the motor vehicle;

  • When the driver's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motor vehicle is 0.08 or more;

  • When the vehicle is a commercial motor vehicle and the driver's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the commercial motor vehicle is .04 or more; or

  • When the driver's body contains any amount of a controlled substance, other than marijuana.

It is also a crime to refuse to submit to a breath test.

Contact Us for a Free Consultation

If you've been charged with a DWI, we know you have many unanswered questions. The sooner you involve an experienced defense attorney, the better able we will be to gather evidence and address other important elements of your case. Contact our Minnesota DWI defense firm now at 763.323.6555 to schedule a free consultation with one of our lawyers.

Client Testimonial: "My experience with the Brown Law Offices was great. Jason knew how to get the job done. His compassionate nature and willingness to go the extra mile for me was very comforting during a stressful time. He obtained an excellent result for me." - Val M., Minneapolis, Minnesota

Serving Clients Statewide

Our Minnesota DWI defense lawyers represent clients throughout Minnesota, including the Twin Cities of Minneapolis and St. Paul, Duluth, Rochester, Mankato, St. Cloud, Moorhead, Apple Valley, Blaine, Bloomington, Brooklyn Park, Burnsville, Coon Rapids, Eagan, Eden Prairie, Edina, Lakeville, Maple Grove, Maplewood, Minnetonka, Plymouth, Richfield, Roseville and Woodbury.

Contact the Brown Law Offices, P.A. by e-mail or call 763.323.6555 to schedule a free consultation with an experienced Minneapolis, Minnesota, DWI lawyer.

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